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Civil Society and the Universal Periodic Review. Julie de Rivero – Geneva Advocacy Director Human Rights Watch. What is the UPR?. A country assessment mechanism All UN member states are subject to review and can participate in it
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Civil Society and the Universal Periodic Review Julie de Rivero – Geneva Advocacy Director Human Rights Watch
What is the UPR? • A country assessment mechanism • All UN member states are subject to review and can participate in it • Intergovernmental or “state-driven” process – functions like a peer review mechanism • NGO & other stakeholder participation
What is UPR good for? • A unique opportunity to advocate for improvements in a reviewed country • Unique opportunity to put the country under the spotlight • It does not work like a court of law (one of many tools to be used together)
Basic facts about the UPR • UPR of a country occurs periodically every 4 years • 16 states reviewed at each UPR session • 3 UPR sessions per year • UPR Calendar http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRSessions.aspx
The reports National Consultations • State report • Max 20 pages • Oral or written • UN report (Compiled by OHCHR) • NGO and stakeholder report (Compiled by OHCHR) from submissions http://www.ohchr.org/EN/HRBodies/UPR/Pages/Documentation.aspx
NGO and stakeholder submissions • 5 pages • What do you want reflected in the report • Thematic issues • Broad assessment of challenges • Individual cases • Recommendations specific and actionable • Fully integrate gender perspective & provide info that permits the identification of concrete recommendations concerning gender issues and the rights of women
The review (in the Working Group) • 3 hour debate • States ask questions, make comments and recommendations • Reviewed country has 1 hour: • Present its report • Respond to written questions • Respond to questions, comments and recommendations from the floor • Present conclusions LINK TO WEBCAST: http://www.ohchr.org/EN/HRBodies/UPR/PAGES/UPRMain.aspx
Adopting the report of the review • Troika + Secretariat prepare the report • Must accurately reflect debate • Contain formulated recommendations • Reviewed State can make comments to recommendations • Report is presented to the WG for adoption 2 days after the review • Reviewed State has until the next plenary session to respond to recommendations
Final outcome of the UPR • Adopted at the next regular session of the UN Human Rights Council (1 hour) • NGOs with ECOSOC status can make statements • Final report is adopted, containing: • A procedural decision adopting the final outcome • The report of the working group • written comments provided by the State under review • Summary of the plenary proceedings contained in the report of the session
A national process with a moment in Geneva International Spotlight press UPR Transparency test Concrete / realistic advocacy targets Commitment test
Advocacy targets • State under review • Governments participating in the review (in capitals, in the capital of the State under review, in Geneva) • Media, public opinion • National parliament
Advocacy tools • Focus on recommendations • Provide clear concise information on the situation • Advocacy should be targeted and focused
Examples of advocacy targets • For the release of political prisoners • To the review of problematic policies or laws • For the ratification of certain human rights instruments • To remove reservations to HR treaties • To institutionalize specific safeguards to ensure independence of the judiciary • For the reviewed country to issue standing invitations to UN special procedures
More ideas…. • For the reviewed to invite specific mandate holders to the country • To give visibility to specific individual cases • To prove the lack of freedom of association, given the low NGO life and participation in the country, including through the UPR process • For the implementation of specific recommendations made by Special Procedures or Treaty Bodies • To advocate for access to prisons by ICRC and other bodies • To call for the establishment of an OHCHR office
Advocacy calendar • 1 year to 6 months before: • Alert civil society in reviewed country of upcoming UPR • Define key advocacy priorities and focus for HRW • Make a 5 page written submission for the UPR • 5 months before: • Start advocacy activities in preparation and lead up to UPR • Trigger media interest in the process • Organise events domestically and internationally to bring attention to the UPR
Advocacy Calendar • 3 months before: • Start lobbying key countries to take up issues and make specific recommendations in Working Group • Approach embassies in the reviewed State, foreign ministries (capitals), & Geneva delegations • 6 weeks before: • National report should be public • chance for media and public debate aimed at influencing the process immediately prior to the session • National report can be contrasted to the UN and stakeholder reports to highlight inconsistencies or denial by the reviewed state
Advocacy Calendar • 1 day before: • Media advisory or press release • On the day of the review: • Monitor the review – WEBCAST • Inform media and others about what happened • Shape the debate about what happened • Try to influence which recommendations the Government will agree to • On the day adoption of the report of the review • Inform media and others about what happened
Press • Bring attention to main issues raised and recommendations formulated • Stir up debate on what recommendations the state should accept to implement • Criticize/praise the quality of the review and the Government’s behaviour • Announce areas that require follow up
Advocacy calendar • After the adoption of the report of the review • Lobby domestically to influence the decision of the Government on recommendations under consideration • Use any international pressure available • Adoption of the final report at the Human Rights Council Plenary • If your NGO has (ECOSOC) Observer Status at the UN you can make a statement about the UPR process
Follow up • Taking the UPR results back home • Organising national follow up / debates • Create national mechanisms to monitor follow up and implementation • Lobby for concrete follow up
Useful websites • www.upr-info.org : UPR Info • www.ohchr.org : OHCHR • http://upr-epu.com : UPR Watch